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Posted by: Landry Butler on Apr 4, 2018

Court: TN Court of Appeals

Attorneys 1:

Robbie T. Beal and Erin W. Nations, Franklin, Tennessee, for the appellant, Charles Michael Kincade.

Attorneys 2:

James H. Drescher, Brentwood, Tennessee, for the appellee, Amanda Wooldridge Kincade.

Judge(s): CLEMENT

This appeal arises from a divorce; the primary issues on appeal pertain to the permanent parenting plan. During the pendency of the divorce and following a successful mediation, the parties entered into a Marital Dissolution Agreement and a Permanent Parenting Plan. Six weeks later, Father filed a notice of withdrawal of his consent to the mediated parenting plan. Subsequently, an order was entered approving the Marital Dissolution Agreement and declaring the parties divorced, reserving the issue of a permanent parenting plan for trial. Following the trial, the court established a permanent parenting plan similar to the mediated plan with four modifications. When Mother’s counsel submitted the final order for the court’s approval, it contained three alternatives for the “right-of-first-refusal” provision, which was one of the four modifications. The trial court approved one of the “right-of-first-refusal” alternatives and entered the final order. Father appeals, arguing the trial court abused its discretion in its formulation of the parenting plan and in awarding Mother her attorney’s fees. Finding no abuse of discretion, we affirm. We also award Mother the reasonable and necessary attorney’s fees she incurred on appeal.